In recent legislative sessions, North Carolina has been at the forefront of discussions regarding juvenile justice reform. With a focus on improving outcomes for young people within the justice system, several key initiatives are being proposed to reshape how juvenile offenders are treated and rehabilitated.

One of the primary goals of these reforms is to reduce the number of juveniles who are tried as adults. Currently, North Carolina is one of several states where the age at which juveniles can be tried as adults starts as young as 16. Advocates for reform argue that treating younger offenders as adults can have detrimental effects on their future prospects and rehabilitation. Instead, the proposed changes aim to raise the age at which juveniles can be automatically charged as adults, offering them a better chance at rehabilitation and a productive future.

Another significant aspect of the proposed reforms is the emphasis on diversion programs and community-based alternatives to incarceration. These programs recognize that many juvenile offenders would benefit more from counseling, education, and community service rather than being placed in detention facilities. By diverting young people away from the traditional justice system, proponents believe that recidivism rates can be reduced, and communities can be made safer.

Furthermore, there is a push to improve conditions within juvenile detention facilities themselves. Reports of overcrowding, inadequate education, and limited mental health services have prompted calls for increased funding and oversight to ensure that these facilities provide a safe and supportive environment for young people who must be detained.

Critics of the proposed reforms argue that they may be too lenient on juvenile offenders, potentially leading to an increase in crime rates or failing to hold young people accountable for their actions. However, supporters counter that the current system often perpetuates cycles of incarceration without addressing the underlying issues that lead young people into trouble in the first place.

Before the “Raise the Age” reform, which took effect in December 2019, North Carolina was one of only two states in the United States that automatically prosecuted all 16- and 17-year-olds as adults, regardless of the offense.  The “Raise the Age” reform refers to legislation that raised the age of juvenile jurisdiction for nonviolent offenses so that 16- and 17-year-olds who commit misdemeanors and certain low-level felonies are now treated as juveniles in the court. This means they are diverted away from adult criminal court and instead handled within the juvenile justice system, which is generally geared towards rehabilitation rather than punishment.

Pursuant to North Carolina House Bill 834, 16- and 17-year-olds who “allegedly committed an offense that would be a Class F or G felony if committed by an adult, the court shall transfer jurisdiction over the juvenile to the superior court for trial as in the case of adults unless the prosecutor declines to prosecute in a superior court…”

House Bill 834 comes in response to complaints by members of the criminal justice system that dangerous 16 and 17-year-old offenders are being released back onto the streets.

House Bill 834 had received bipartisan support and passed the Senate in May, and the House in June of this year. However, Governor Cooper vetoed this bill on Friday, June 14, 2024.

Contributory negligence is a legal doctrine that affects personal injury cases. Unlike many other states that have adopted a comparative negligence system, North Carolina follows the contributory negligence rule. Under this rule, if a plaintiff is found to have contributed in any way, even minimally, to their own injury, they may be barred from recovering damages from the defendant.

The impact of contributory negligence in North Carolina cannot be overstated. In a state where a single action or inaction by the plaintiff can completely bar their recovery, plaintiffs face a daunting challenge in proving their case. For defendants, however, contributory negligence provides a potent defense, offering a clear path to avoid liability.

Over the years, North Carolina courts have grappled with cases involving contributory negligence, shaping the legal landscape and establishing precedents. Court decisions have emphasized the importance of clear evidence and thorough argumentation in establishing or refuting claims of contributory negligence. Moreover, these decisions underscore the need for skilled legal representation to navigate the complexities of such cases successfully.

While contributory negligence can present significant hurdles for plaintiffs, it is not an insurmountable obstacle. North Carolina courts recognize certain exceptions and mitigating factors that may allow plaintiffs to recover damages despite their contributory negligence. These include situations where the defendant had a greater degree of fault or where the plaintiff’s actions were foreseeable and reasonable given the circumstances.

Given the high stakes involved, legal strategies in cases of contributory negligence demand meticulous preparation and execution. Plaintiffs must gather compelling evidence to support their claims while anticipating and addressing potential arguments from the defense. Conversely, defendants must effectively demonstrate the plaintiff’s contributory negligence while minimizing their own liability.

Contributory negligence remains a cornerstone of North Carolina’s legal framework, shaping the dynamics of personal injury litigation in the state. Its impact reverberates throughout the legal community, influencing strategies, precedents, and outcomes. For plaintiffs, navigating the complexities of contributory negligence requires diligence, skill, and experienced legal representation. For defendants, it offers a potent defense against liability. As North Carolina continues to evolve, so too will the interpretation and application of contributory negligence, ensuring its enduring significance in the state’s legal landscape.

Collins Law Firm regularly represents victims of car wrecks and helps maximize monetary or money damage recoveries for our clients, while also minimizing the stress and uncertainty that is involved with these types of cases. We hope it is not necessary, but if you or someone you know and care about has been injured in a car wreck, please call Collins Law Firm at 910-793-9000 for a free consultation.

The roots of expunction laws in North Carolina can be traced back to the early days of the state’s legal framework. Like many states, North Carolina recognized the need for mechanisms to address the consequences of criminal records on individuals seeking reintegration into society. Early expunction statutes primarily focused on juvenile offenders and minor offenses, reflecting a nascent understanding of the importance of rehabilitation over perpetual punishment.

The mid-20th century marked a significant turning point in North Carolina’s approach to expunction. Against the backdrop of broader social movements advocating for criminal justice reform and rehabilitation, the state began to expand the scope of its expunction laws. Reforms aimed to provide opportunities for individuals to expunge certain non-violent offenses from their records, acknowledging the potential for rehabilitation and reintegration into society.

In recent decades, North Carolina witnessed landmark reforms that broadened access to expunction for individuals burdened by past mistakes. These reforms included provisions for the expunction of certain misdemeanor and felony convictions, as well as measures to mitigate the collateral consequences of criminal records on employment, housing, and other aspects of life. Such reforms reflected a growing recognition of the need to address the systemic barriers faced by those with criminal histories.

While North Carolina has made significant strides in expanding access to expunction, challenges remain. Disparities in access to legal representation, lingering stigmas surrounding criminal records, and bureaucratic hurdles continue to impede the expunction process for many individuals. Addressing these challenges requires ongoing advocacy, collaboration, and a commitment to the principles of justice and fairness.

If you would like a confidential consultation about trying to get some charges expunged in Brunswick County, New Hanover County, or Pender County in North Carolina, in which the county seats are Bolivia, Wilmington, and Burgaw, call Collins Law Firm for a confidential consultation and 910-793-9000.

As Memorial Day weekend approaches, it is important to focus on safety, especially in Southeastern North Carolina. The ‘Click It or Ticket’ campaign is in full swing to remind drivers and passengers of the importance of wearing seatbelts to prevent serious injuries and fatal accidents. Seatbelt violations can have grave consequences, and law enforcement officers will be out in full force to ensure that everyone on the road is buckled up.

Memorial Day weekend is a time for remembrance and relaxation, but it is crucial to prioritize safety during this holiday. With increased traffic and festivities, the risk of accidents rises significantly. The ‘Click It or Ticket’ campaign serves as a vital reminder to always wear your seatbelt, a simple action that can save lives. By buckling up, you not only protect yourself but also your loved ones in the vehicle. This Memorial Day weekend, let’s honor those who served our country by making responsible choices on the road. Stay tuned for more safety tips to ensure a secure and enjoyable holiday weekend in Southeastern North Carolina.

The ‘Click It or Ticket’ campaign is a nationally recognized effort aimed at promoting seatbelt usage to save lives on the road. Enforced during high-risk holiday weekends like Memorial Day, this campaign underscores the importance of wearing seatbelts for all occupants in a vehicle. Seatbelts not only reduce the risk of injury in accidents but also play a crucial role in preventing fatalities. As we gear up for Memorial Day weekend in Southeastern North Carolina, let’s familiarize ourselves with the ‘Click It or Ticket’ campaign to ensure a safe and enjoyable holiday for all. Stay informed for valuable insights on road safety measures and responsible driving practices.

During Memorial Day Weekend in Southeastern North Carolina, law enforcement agencies will intensify their efforts to enforce seat belt laws as part of the ‘Click It or Ticket’ campaign. Remember, wearing a seatbelt is a simple yet effective way to protect yourself and your passengers while on the road. With increased patrols and checkpoints, ensure everyone in your vehicle is buckled up before starting your journey. Let’s prioritize safety and compliance with seatbelt regulations to make this holiday weekend a safe one for everyone on the roads. Stay tuned for practical tips on how to stay safe and adhere to seatbelt regulations during this important campaign.

In the ongoing effort to enhance safety on the roads during Memorial Day Weekend, the collaboration between law enforcement agencies and community partners plays a crucial role. By working together, they can effectively promote awareness about the importance of seatbelt usage and encourage compliance with seatbelt laws. Community organizations, local businesses, and individuals can all play a part in supporting the ‘Click It or Ticket’ campaign by spreading the message and advocating for safe driving practices. Let’s join hands with law enforcement and community partners to create a culture of safety on the roads this holiday weekend. Together, we can make a significant impact in ensuring a safe and enjoyable Memorial Day for all.

The ‘Click It or Ticket’ campaign has had a significant impact on road safety during Memorial Day Weekend in Southeastern North Carolina. By fostering collaboration between law enforcement agencies and community partners, the campaign has effectively increased awareness and compliance with seatbelt laws. Through the collective efforts of community organizations, local businesses, and individuals, the message of safe driving practices has been widely spread, leading to a culture of safety on the roads. As we continue to support the campaign and advocate for responsible driving behaviors, we can contribute to reducing accidents and ensuring a safe and enjoyable holiday weekend for all.

With Memorial Day Weekend just around the corner, ensuring your safety on the road is crucial. As you prepare for your travels, consider these essential safety tips:

1. Plan your route in advance and allow for extra travel time to avoid rushing.

2. Make sure your vehicle is properly maintained with routine checks on tires, brakes, lights, and fluid levels.

3. Always wear your seatbelt and ensure all passengers are buckled up.

4. Avoid distractions while driving, such as texting or using your phone.

5. Get plenty of rest before embarking on long trips to prevent drowsy driving.

By incorporating these safety measures into your travel plans, you can help make this Memorial Day Weekend a safe and enjoyable one for you and your loved ones. Let’s prioritize safety on the roads!

As we gear up for Memorial Day Weekend in Southeastern North Carolina, remember that safety should always be at the forefront of our minds. By adhering to the ‘Click It or Ticket’ campaign and following the essential safety tips outlined earlier, we can all contribute to making our roads safer for everyone. Whether you’re heading to the beach, visiting friends and family, or simply enjoying a leisurely drive, let’s prioritize safety above all else. Let’s make smart choices, be responsible drivers, and ensure that this long weekend is not only enjoyable but also accident-free. Let’s come together to make Memorial Day Weekend a time to remember for all the right reasons!

Should you or someone you know receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI, call us at 910-793-9000 for a confidential consultation.

Every year, lives are tragically cut short due to impaired driving. Whether on the road or on the water, alcohol and vehicles are a dangerous mix. Recognizing this, North Carolina has launched a critical campaign aimed at reducing these preventable deaths and injuries: “On the Road, On the Water, Don’t Drink and Drive.”

The “On the Road, On the Water, Don’t Drink and Drive” campaign is a collaborative effort between the North Carolina Wildlife Resources Commission, State Highway Patrol, and local law enforcement agencies. Its mission is straightforward yet profound: to educate the public on the dangers of impaired driving and to enforce laws that keep roads and waterways safe.

A significant part of the campaign focuses on raising awareness about the risks and consequences of drinking and driving. This includes public service announcements, social media outreach, and educational programs. By spreading knowledge, the campaign aims to change behaviors and attitudes toward impaired driving.

During peak times, such as holidays and summer weekends, there is a heightened presence of law enforcement officers on both roads and waterways. Sobriety checkpoints and patrols are strategically placed to deter and catch impaired drivers. This visible enforcement helps reinforce the message that impaired driving will not be tolerated.

The campaign works closely with local communities to tailor strategies that meet specific needs and concerns. This includes partnering with local businesses, such as bars and restaurants, to promote safe practices and alternatives to driving after drinking.

Promoting alternative transportation options is another crucial aspect of the campaign. From encouraging the use of designated drivers and rideshare services to providing information on public transportation, the campaign ensures that there are viable options for those who have been drinking.

Since its inception, the “On the Road, On the Water, Don’t Drink and Drive” campaign has had a measurable impact on reducing impaired driving incidents in North Carolina. According to data from the North Carolina Department of Transportation, there has been a notable decrease in alcohol-related crashes and fatalities during campaign periods. This success underscores the importance of continued vigilance and community involvement in combating impaired driving.

Behind every statistic, there is a story. Families who have lost loved ones to impaired driving often become advocates for the campaign, sharing their personal experiences to highlight the devastating effects of these preventable tragedies. Their stories serve as powerful reminders of why this campaign is so essential.

Everyone has a role to play in making our roads and waterways safer.  Therefore, please be a responsible driver, and if you plan to drink, make arrangements for a sober ride home.

However, should you or someone you know receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI, call us at 910-793-9000 for a confidential consultation.

In North Carolina one may legally carry openly a gun without a permit if they meet the following requirements: they are at least 18 years of age, and have no felony convictions.  The open carry rule is restricted in certain sensitive locations such as educational properties, correctional institutions, state or federal buildings, or private businesses or properties that have posted “No Weapons” signs.

However, if one wants to carry a concealed gun, one needs to obtain a concealed carry permit.  The requirements for obtaining a concealed carry permit in North Carolina are as follows:

Age: Applicants must be at least 21 years old.

Residency: Applicants must be a resident of North Carolina for at least 30 days preceding the filing of the application.

Training: Completion of an approved handgun safety course within a specified time frame. The course typically covers firearm safety, marksmanship, and the laws regarding the permissible use of deadly force.

Criminal Background Check: Applicants are subject to a criminal background check by both state and federal agencies. Certain criminal convictions or pending charges may disqualify an individual from obtaining a permit.

Mental Health Records Check: Applicants must not have been adjudicated or administratively determined to be lacking mental capacity or mentally ill unless the adjudication or determination has been removed pursuant to law.

Good Moral Character: Applicants must be of good moral character. This typically means having no recent convictions for certain crimes, such as violent offenses or felonies.

Fingerprinting: Submission of fingerprints for a criminal history record check.

Application and Fee: Completion of the application form and payment of the required fee.

This blog explores the legal doctrines of contributory negligence and comparative negligence in the context of personal injury cases. Contributory negligence traditionally barred plaintiffs from recovering damages if they were found even slightly at fault for their injuries. In contrast, comparative negligence apportions damages based on each party’s degree of fault. The blog examines the evolution of these doctrines, their implications for plaintiffs and defendants, and the trends regarding their adoption in different states.

In the realm of personal injury law, questions of fault allocation are paramount. Two main doctrines have emerged to address this issue: contributory negligence and comparative negligence. While contributory negligence traditionally posed significant barriers to plaintiffs seeking compensation, comparative negligence offers a more nuanced approach to fault allocation. This blog delves into the intricacies of both doctrines, their historical development, contemporary application, and the states’ varying stances on their adoption.

Contributory negligence, rooted in common law principles, historically served as a harsh rule barring plaintiffs from recovery if they were found to have contributed to their injuries in any way. This doctrine, often criticized for its rigidity and potential for unjust outcomes, effectively shifted the entire burden of responsibility onto the plaintiff, regardless of the defendant’s negligence. Critics argued that contributory negligence failed to account for the proportional fault of each party and often led to inequitable results, particularly in cases where the plaintiff’s contribution to the injury was minor.

In response to the perceived injustices of contributory negligence, many jurisdictions began adopting comparative negligence systems. Comparative negligence allows for a more equitable distribution of fault by apportioning damages based on each party’s degree of negligence. Under this framework, plaintiffs may still recover damages even if they are partially at fault, with the damages reduced in proportion to their degree of fault. This approach aims to achieve a fairer allocation of responsibility and ensure that plaintiffs are not completely barred from recovery due to minor faults.

The adoption of comparative negligence varies significantly among states in the United States. Pure comparative negligence systems allow plaintiffs to recover damages regardless of their degree of fault, with damages reduced according to their level of responsibility. In contrast, modified comparative negligence systems bar recovery only if the plaintiff is found to be equally or more at fault than the defendant. States have implemented various thresholds for modified comparative negligence, with some jurisdictions adopting a 50% bar rule and others opting for a 51% bar rule.

Despite the widespread adoption of comparative negligence, very few states, such as North Carolina,  still adhere to contributory negligence principles. These states, often characterized by their adherence to traditional legal doctrines, maintain the strict rule that any contributory negligence on the part of the plaintiff completely bars recovery. Critics argue that this approach is antiquated and fails to account for the complexities of modern legal disputes.

The decision to adopt or retain contributory or comparative negligence often reflects broader legal philosophies within each state. States that prioritize individual responsibility and traditional legal principles may be more inclined to retain contributory negligence. On the other hand, states that prioritize fairness and equitable outcomes may opt for comparative negligence systems. Additionally, the legal and political climate, as well as historical precedent, play significant roles in shaping each state’s approach to fault allocation in personal injury cases.

If you or any of your friends or family members are injured in an accident, call us at Collins Law Firm at 910-793-9000 for a fee confidential consultation.

Over the last 25 years, there have been many changes to the expunction or expungement laws in North Carolina. Laws constantly change, and it is crucial to consult the latest legal resources, or seek advice from a legal professional, to get the most up-to-date information. The following is a general overview of how expunction laws have typically worked in North Carolina.

Expunction or expungement in North Carolina refers to the process of sealing or erasing a person’s criminal record under certain circumstances. The eligibility and criteria for expunction can vary based on the nature of the criminal charges, whether the person was convicted, and other factors.

Here is a general breakdown of how the laws regarding expunction in North Carolina have typically worked:

Expunction for Dismissed Charges:

1.            Expunction for Dismissed Charges: Individuals who have charges that were dismissed, acquitted, or where they were found not guilty are now eligible for expunction.

3.            In North Carolina, it used to be that an individual may generally only be eligible for a one-time expunction for dismissed charges.  However today, 2024, individuals can have an unlimited number of charges for which they were acquitted expunged.

Expunction for Convictions:

1.            Certain Nonviolent Misdemeanors: Some low-level misdemeanors may be eligible for expunction after a waiting period, provided the individual meets certain criteria.

2.            First-time Nonviolent Felony: For certain nonviolent felonies, individuals may be eligible for expunction if it is their first felony conviction, and they have completed their sentence and met other specified requirements.

3.            Age Restrictions: Some expunctions may have age restrictions, especially for offenses committed by individuals under a certain age.

Changes Over Time:

Laws regarding expunction can change through legislative actions. Changes might include adjustments to waiting periods, expanding eligibility criteria, or introducing new types of expunctions. Additionally, the legal landscape may be influenced by court decisions.

Consult a Legal Professional:

For the most accurate and up-to-date information on expunction laws in North Carolina, it is essential to consult legal professionals, such as attorneys specializing in criminal law or organizations that provide legal assistance.

Always be sure to check with the North Carolina General Assembly or legal databases for the latest statutes and amendments related to expunction laws in the state.

If you would like a confidential consultation about trying to get some charges expunged in Brunswick County, New Hanover County, or Pender County in North Carolina, in which the county seats are Bolivia, Wilmington, and Burgaw, call Collins Law Firm for a confidential consultation and 910-793-9000.

Wilmington, North Carolina, is known for its mild coastal climate, we occasionally experience subfreezing temperatures that can catch us off guard. As winter brings chilly weather to our otherwise temperate region, it is essential to take precautions to stay safe and protect our homes.

The onset of subfreezing temperatures can lead to various challenges, including icy roads and sidewalks. Residents need to exercise caution when driving or walking, as black ice can be particularly treacherous. It is advisable to use salt or sand on icy surfaces to improve traction and prevent slips and falls.

When temperatures drop, it is crucial to protect the pipes from freezing. Insulate exposed pipes and faucets and leave cabinet doors open to allow warm air to circulate. Dripping faucets can also prevent pipes from freezing, reducing the risk of costly damage.

For those with pets, it is essential to bring them indoors during subfreezing weather. If that is not possible, then make sure the pets have a warm and sheltered space with proper bedding. Provide fresh water regularly, as water bowls can freeze in the cold.

Also, be mindful of your heating systems. Ensure that heaters are in good working condition and have been inspected recently. Space heaters should be used with caution, placed away from flammable materials, and never left unattended.

Wilmington may not experience extreme cold regularly, but when subfreezing temperatures arrive, it is essential to be prepared. Keep an emergency kit with blankets, extra clothing, and non-perishable food items in case of power outages or other weather-related disruptions.

By Jana H. Collins

In order to deter impaired driving, the North Carolina Governor’s Highway Safety Program began to run their Booze It & Lose It campaign today through January 1, 2024. 

All across North Carolina, there will be increased patrols and checkpoints to detect impaired drivers. 

Last year, 471 people were fatally injured in alcohol-related motor vehicle accidents in North Carolina alone. 

Enjoy the holidays and some yummy holiday spirits, but please utilize a designated driver, a taxi, Uber, or Lyft, in order to make sure not to turn a good time into a tragedy for yourself or others.

However, if you or someone you know receive a traffic ticket or any other criminal charge in New Hanover, Pender, or Brunswick Counties, or if you or someone you know get seriously injured in an accident at which they were not at fault, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Jana H. Collins